42 U.S.C. § 6294 — Labeling

Page 6710 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6294 Subsec. (a)(7). Pub. L. 95–619, § 421(c), added par. (7). Subsec. (b). Pub. L. 95–619, § 691(b)(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Subsec. (c). Pub. L. 95–619, § 421(d), redesignated exist- ing provisions as par. (1), substituted ‘‘180 days’’ for ‘‘90 days’’ and redesignated former pars. (1) and (2) as sub- pars. (A) and (B), respectively, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 6294. Labeling (a) In general (1) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in para- graphs (1), (2), (4), (6), and (8) through (12) of sec- tion 6292(a) of this title, except to the extent that, with respect to any such type (or class thereof), the Commission determines under the second sentence of subsection (b)(5) that label- ing in accordance with this section is not tech- nologically or economically feasible. (2)(A) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in para- graphs (3), (5), and (7) of section 6292(a) of this title, except to the extent that with respect to any such type (or class thereof), the Commission determines under the second sentence of sub- section (b)(5) that labeling in accordance with this section is not technologically or economi- cally feasible or is not likely to assist con- sumers in making purchasing decisions. (B) The Commission shall prescribe labeling rules under this section applicable to the cov- ered product specified in paragraph (13) of sec- tion 6292(a) of this title and to which standards are applicable under section 6295 of this title. Such rules shall provide that the labeling of any fluorescent lamp ballast manufactured on or after January 1, 1990, will indicate conspicu- ously, in a manner prescribed by the Commis- sion under subsection (b) by July 1, 1989, a cap- ital letter ‘‘E’’ printed within a circle on the ballast and on the packaging of the ballast or of the luminaire into which the ballast has been incorporated. (C) METAL HALIDE LAMP FIXTURES.— (i) IN GENERAL.—The Commission shall issue labeling rules under this section applicable to the covered product specified in section 6292(a)(19) of this title and to which standards are applicable under section 6295 of this title. (ii) LABELING.—The rules shall provide that the labeling of any metal halide lamp fixture manufactured on or after the later of January 1, 2009, or the date that is 270 days after De- cember 19, 2007, shall indicate conspicuously, in a manner prescribed by the Commission under subsection (b) by July 1, 2008, a capital letter ‘‘E’’ printed within a circle on the pack- aging of the fixture, and on the ballast con- tained in the fixture. (D)(i) Not later than 18 months after October 24, 1992, the Commission shall prescribe labeling rules under this section applicable to general service fluorescent lamps, medium base compact fluorescent lamps, and general service incandes- cent lamps. Except as provided in clause (ii), such rules shall provide that the labeling of any general service fluorescent lamp, medium base compact fluorescent lamp, and general service incandescent lamp manufactured after the 12- month period beginning on the date of the publi- cation of such rule shall indicate conspicuously on the packaging of the lamp, in a manner pre- scribed by the Commission under subsection (b), such information as the Commission deems nec- essary to enable consumers to select the most energy efficient lamps which meet their require- ments. Labeling information for incandescent lamps shall be based on performance when oper- ated at 120 volts input, regardless of the rated lamp voltage. (ii) If the Secretary determines that compli- ance with the standards specified in section 6295(i) of this title for any lamp will result in the discontinuance of the manufacture of such lamp, the Commission may exempt such lamp from the labeling rules prescribed under clause (i). (iii) RULEMAKING TO CONSIDER EFFECTIVENESS OF LAMP LABELING.— (I) IN GENERAL.—Not later than 1 year after December 19, 2007, the Commission shall ini- tiate a rulemaking to consider— (aa) the effectiveness of current lamp la- beling for power levels or watts, light output or lumens, and lamp lifetime; and (bb) alternative labeling approaches that will help consumers to understand new high- efficiency lamp products and to base the purchase decisions of the consumers on the most appropriate source that meets the re- quirements of the consumers for lighting level, light quality, lamp lifetime, and total lifecycle cost. (II) COMPLETION.—The Commission shall— (aa) complete the rulemaking not later than the date that is 30 months after Decem- ber 19, 2007; and (bb) consider reopening the rulemaking not later than 180 days before the effective dates of the standards for general service in- candescent lamps established under section 6295(i)(1)(A) of this title, if the Commission determines that further labeling changes are needed to help consumers understand lamp alternatives. (E)(i) Not later than one year after October 24, 1992, the Commission shall prescribe labeling rules under this section for showerheads and faucets to which standards are applicable under subsection (j) of section 6295 of this title. Such rules shall provide that the labeling of any showerhead or faucet manufactured after the 12- month period beginning on the date of the publi- cation of such rule shall be consistent with the marking and labeling requirements of ASME A112.18.1M–1989, except that each showerhead and flow restricting or controlling spout-end de- vice shall bear a permanent legible marking in- dicating the flow rate, expressed in gallons per minute (gpm) or gallons per cycle (gpc), and the flow rate value shall be the actual flow rate or Page 6711 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6294 the maximum flow rate specified by the stand- ards established in subsection (j) of section 6295 of this title. (ii) If the marking and labeling requirements of ASME A112.18.1M–1989 are revised at any time and approved by ANSI, the Commission shall amend the labeling rules established pursuant to clause (i) to be consistent with such revised ASME/ANSI requirements unless such require- ments are inconsistent with the purposes of this chapter or the requirement specified in clause (i) requiring each showerhead and flow restrict- ing or controlling spout-end device to bear a permanent legible marking indicating the flow rate of such product. (F)(i) Not later than one year after October 24, 1992, the Commission shall prescribe labeling rules under this section for water closets and urinals to which standards are applicable under subsection (k) of section 6295 of this title. Such rules shall provide that the labeling of any water closet or urinal manufactured after the 12-month period beginning on the date of the publication of such rule shall be consistent with the marking and labeling requirements of ASME A112.19.2M–1990, except that each fixture (and flushometer valve associated with such fixture) shall bear a permanent legible marking indi- cating the water use, expressed in gallons per flush (gpf), and the water use value shall be the actual water use or the maximum water use specified by the standards established in sub- section (k) of section 6295 of this title. (ii) If the marking and labeling requirements of ASME A112.19.2M–1990 are revised at any time and approved by ANSI, the Commission shall amend the labeling rules established pursuant to clause (i) to be consistent with such revised ASME/ANSI requirements unless such require- ments are inconsistent with the purposes of this chapter or the requirement specified in clause (i) requiring each fixture and flushometer valve to bear a permanent legible marking indicating the water use of such fixture or flushometer valve. (iii) Any labeling rules prescribed under this subparagraph before January 1, 1997, shall pro- vide that, with respect to any gravity tank-type white 2-piece toilet which has a water use great- er than 1.6 gallons per flush (gpf), any printed matter distributed or displayed in connection with such product (including packaging and point of sale material, catalog material, and print advertising) shall include, in a conspicuous manner, the words ‘‘For Commercial Use Only’’. (G)(i) Not later than 90 days after August 8, 2005, the Commission shall initiate a rulemaking to consider— (I) the effectiveness of the consumer prod- ucts labeling program in assisting consumers in making purchasing decisions and improving energy efficiency; and (II) changes to the labeling rules (including categorical labeling) that would improve the effectiveness of consumer product labels. (ii) Not later than 2 years after August 8, 2005, the Commission shall complete the rulemaking initiated under clause (i). (H)(i) Not later than 18 months after August 8, 2005, the Commission shall issue by rule, in ac- cordance with this section, labeling require- ments for the electricity used by ceiling fans to circulate air in a room. (ii) The rule issued under clause (i) shall apply to products manufactured after the later of— (I) January 1, 2009; or (II) the date that is 60 days after the final rule is issued. (I) LABELING REQUIREMENTS.— (i) IN GENERAL.—Subject to clauses (ii) through (iv), not later than 18 months after the date of issuance of applicable Department of Energy testing procedures, the Commission, in consultation with the Secretary and the Ad- ministrator of the Environmental Protection Agency (acting through the Energy Star pro- gram), shall, by regulation, prescribe labeling or other disclosure requirements for the en- ergy use of— (I) televisions; (II) personal computers; (III) cable or satellite set-top boxes; (IV) stand-alone digital video recorder boxes; and (V) personal computer monitors. (ii) ALTERNATE TESTING PROCEDURES.—In the absence of applicable testing procedures de- scribed in clause (i) for products described in subclauses (I) through (V) of that clause, the Commission may, by regulation, prescribe la- beling or other disclosure requirements for a consumer product category described in clause (i) if the Commission— (I) identifies adequate non-Department of Energy testing procedures for those prod- ucts; and (II) determines that labeling of, or other disclosures relating to, those products is likely to assist consumers in making pur- chasing decisions. (iii) DEADLINE AND REQUIREMENTS FOR LABEL- ING.— (I) DEADLINE.—Not later than 18 months after the date of promulgation of any re- quirements under clause (i) or (ii), the Com- mission shall require labeling of, or other disclosure requirements for, electronic prod- ucts described in clause (i). (II) REQUIREMENTS.—The requirements pre- scribed under clause (i) or (ii) may include specific requirements for each electronic product to be labeled with respect to the placement, size, and content of Energy Guide labels. (iv) DETERMINATION OF FEASIBILITY.—Clause (i) or (ii) shall not apply in any case in which the Commission determines that labeling in accordance with this subsection— (I) is not technologically or economically feasible; or (II) is not likely to assist consumers in making purchasing decisions. (3) The Commission may prescribe a labeling rule under this section applicable to covered products of a type specified in paragraph (20) of section 6292(a) of this title (or a class thereof) if— (A) the Commission or the Secretary has made a determination with respect to such type (or class thereof) that labeling in accord- Page 6712 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6294 ance with this section will assist purchasers in making purchasing decisions, (B) the Secretary has prescribed test proce- dures under section 6293(b)(1)(B) of this title for such type (or class thereof), and (C) the Commission determines with respect to such type (or class thereof) that application of labeling rules under this section to such type (or class thereof) is economically and technologically feasible. (4) Any determination under this subsection shall be published in the Federal Register. (5)(A) For covered products described in sub- sections (u) through (ff) of section 6295 of this title, after a test procedure has been prescribed under section 6293 of this title, the Secretary or the Commission, as appropriate, may prescribe, by rule, under this section labeling require- ments for the products. (B) In the case of products to which TP–1 standards under section 6295(y) of this title apply, labeling requirements shall be based on the ‘‘Standard for the Labeling of Distribution Transformer Efficiency’’ prescribed by the Na- tional Electrical Manufacturers Association (NEMA TP–3) as in effect on August 8, 2005. (C) In the case of dehumidifiers covered under section 6295(dd) of this title, the Commission shall not require an ‘‘Energy Guide’’ label. (6) AUTHORITY TO INCLUDE ADDITIONAL PRODUCT CATEGORIES.—The Commission may, by regula- tion, require labeling or other disclosures in ac- cordance with this subsection for any consumer product not specified in this subsection or sec- tion 6292 of this title if the Commission deter- mines that labeling for the product is likely to assist consumers in making purchasing deci- sions. (b) Rules in effect; new rules (1)(A) Any labeling rule in effect on March 17, 1987, shall remain in effect until amended, by rule, by the Commission. (B) After March 17, 1987, and not later than 30 days after the date on which a proposed test pro- cedure applicable to a covered product of any of the types specified in paragraphs (1) through (13), and paragraphs (15) through (20) of section 6292(a) of this title (or class thereof) is pre- scribed under section 6293(b) of this title, the Commission shall publish a proposed labeling rule applicable to such type (or class thereof). (2) The Commission shall afford interested per- sons an opportunity to present written or oral data, views, and comments with respect to the proposed labeling rules published under para- graph (1). The period for such presentations shall not be less than 45 days. (3) Not earlier than 45 days nor later than 60 days after the date on which test procedures are prescribed under section 6293(b) of this title with respect to covered products of any type (or class thereof) specified in paragraphs (1) through (12) of section 6292(a) of this title, the Commission shall prescribe labeling rules with respect to covered products of such type (or class thereof). Not earlier than 45 days after the date on which test procedures are prescribed under section 6293(b) of this title with respect to covered prod- ucts of a type specified in paragraph (20) of sec- tion 6292(a) of this title, the Commission may prescribe labeling rules with respect to covered products of such type (or class thereof). (4) A labeling rule prescribed under paragraph (3) shall take effect not later than 3 months after the date of prescription of such rule, ex- cept that such rules may take effect not later than 6 months after such date of prescription if the Commission determines that such extension is necessary to allow persons subject to such rules adequate time to come into compliance with such rules. (5) The Commission may delay the publication of a proposed labeling rule, or the prescription of a labeling rule, beyond the dates specified in paragraph (1) or (3), if it determines that it can- not publish proposed labeling rules or prescribe labeling rules which meet the requirements of this section on or prior to the date specified in the applicable paragraph and publishes such de- termination in the Federal Register, together with the reasons therefor. In any such case, it shall publish proposed labeling rules or prescribe labeling rules for covered products of such type (or class thereof) as soon as practicable unless it determines (A) that labeling in accordance with this section is not economically or technically feasible, or (B) in the case of a type specified in paragraphs (3), (5), and (7) of section 6292(a) of this title, that labeling in accordance with this section is not likely to assist consumers in pur- chasing decisions. Any such determination shall be published in the Federal Register, together with the reasons therefor. This paragraph shall not apply to the prescription of a labeling rule with respect to covered products of a type speci- fied in paragraph (20) of section 6292(a) of this title. (c) Content of label (1) Subject to paragraph (6), a rule prescribed under this section shall require that each cov- ered product in the type or class of covered products to which the rule applies bear a label which discloses— (A) the estimated annual operating cost of such product (determined in accordance with test procedures prescribed under section 6293 of this title), except that if— (i) the Secretary determines that disclo- sure of estimated annual operating cost is not technologically feasible, or (ii) the Commission determines that such disclosure is not likely to assist consumers in making purchasing decisions or is not economically feasible, the Commission shall require disclosure of a different useful measure of energy consump- tion (determined in accordance with test pro- cedures prescribed under section 6293 of this title); and (B) information respecting the range of esti- mated annual operating costs for covered products to which the rule applies; except that if the Commission requires disclosure under subparagraph (A) of a measure of energy con- sumption different from estimated annual op- erating cost, then the label shall disclose the range of such measure of energy consumption of covered products to which such rule applies. (2) A rule under this section shall include the following: Page 6713 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6294 (A) A description of the type or class of cov- ered products to which such rule applies. (B) Subject to paragraph (6), information re- specting the range of estimated annual oper- ating costs or other useful measure of energy consumption (determined in such manner as the rule may prescribe) for such type or class of covered products. (C) A description of the test procedures under section 6293 of this title used in deter- mining the estimated annual operating costs or other measure of energy consumption of the type or class of covered products. (D) A prototype label and directions for dis- playing such label. (3) A rule under this section shall require that the label be displayed in a manner that the Commission determines is likely to assist con- sumers in making purchasing decisions and is appropriate to carry out this part. The Commis- sion may permit a tag to be used in lieu of a label in any case in which the Commission finds that a tag will carry out the purposes for which the label was intended. (4) A rule under this section applicable to a covered product may require disclosure, in any printed matter displayed or distributed at the point of sale of such product, of any information which may be required under this section to be disclosed on the label of such product. Require- ments under this paragraph shall not apply to any broadcast advertisement or any advertise- ment in any newspaper, magazine, or other peri- odical. (5) The Commission may require that a manu- facturer of a covered product to which a rule under this section applies— (A) include on the label, (B) separately attach to the product, or (C) ship with the product, additional information relating to energy con- sumption, including instructions for the mainte- nance, use, or repair of the covered product, if the Commission determines that such additional information would assist consumers in making purchasing decisions or in using such product, and that such requirement would not be unduly burdensome to manufacturers. (6) The Commission may delay the effective date of the requirement specified in paragraph (1)(B) of this subsection applicable to a type or class of covered product, insofar as it requires the disclosure on the label of information re- specting range of a measure of energy consump- tion, for not more than 12 months after the date on which the rule under this section is first ap- plicable to such type or class, if the Commission determines that such information will not be available within an adequate period of time be- fore such date. (7) Paragraphs (1), (2), (3), (5), and (6) of this subsection shall not apply to the covered prod- uct specified in paragraphs (13), (14), (15), (16), (17), and (18) of section 6292(a) of this title. (8) If a manufacturer of a covered product specified in paragraph (15) or (17) of section 6292(a) of this title elects to provide a label for such covered product conveying the estimated annual operating cost of such product or the range of estimated annual operating costs for the type or class of such product— (A) such estimated cost or range of costs shall be determined in accordance with test procedures prescribed under section 6293 of this title; (B) the format of such label shall be in ac- cordance with a format prescribed by the Com- mission; and (C) such label shall be displayed in a man- ner, prescribed by the Commission, to be like- ly to assist consumers in making purchasing decisions and appropriate to carry out the pur- poses of this chapter. (9) DISCRETIONARY APPLICATION.—The Commis- sion may apply paragraphs (1), (2), (3), (5), and (6) of this subsection to the labeling of any prod- uct covered by paragraph (2)(I) or (6) of sub- section (a). (d) Effective date A rule under this section (or an amendment thereto) shall not apply to any covered product the manufacture of which was completed prior to the effective date of such rule or amendment, as the case may be. (e) Study of certain products The Secretary, in consultation with the Com- mission, shall study consumer products for which labeling rules under this section have not been proposed, in order to determine (1) the ag- gregate energy consumption of such products, and (2) whether the imposition of labeling re- quirements under this section would be feasible and useful to consumers in making purchasing decisions. The Secretary shall include the re- sults of such study in the annual report under section 6308 of this title. (f) Consultation The Secretary and the Commission shall con- sult with each other on a continuing basis as may be necessary or appropriate to carry out their respective responsibilities under this part. Before the Commission makes any determina- tion under subsection (a)(1), it shall obtain the views of the Secretary and shall take such views into account in making such determination. (g) Other authority of the Commission Until such time as labeling rules under this section take effect with respect to a type or class of covered product, this section shall not affect any authority of the Commission under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] to require labeling with respect to en- ergy consumption of such type or class of cov- ered product. (Pub. L. 94–163, title III, § 324, Dec. 22, 1975, 89 Stat. 920; Pub. L. 95–619, title IV, § 425(b), (c), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3265, 3288; Pub. L. 100–12, § 11(a)(1), (b)(2), Mar. 17, 1987, 101 Stat. 124, 125; Pub. L. 100–357, § 2(d), June 28, 1988, 102 Stat. 672; Pub. L. 102–486, title I, § 123(e), Oct. 24, 1992, 106 Stat. 2822; Pub. L. 105–388, § 5(a)(4), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 109–58, title I, § 137, Aug. 8, 2005, 119 Stat. 645; Pub. L. 110–140, title III, §§ 321(b), 324(d), 325, Dec. 19, 2007, 121 Stat. 1584, 1593, 1595; Pub. L. 112–210, § 10(a)(12), Dec. 18, 2012, 126 Stat. 1525; Pub. L. 115–115, § 2(c)(2), Jan. 12, 2018, 131 Stat. 2281.) Page 6714 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6294 Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(2)(E)(ii), (F)(ii) and (c)(8)(C), was in the original ‘‘this Act’’, meaning Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. The Federal Trade Commission Act, referred to in subsec. (g), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see sec- tion 58 of Title 15 and Tables. AMENDMENTS 2018—Pub. L. 115–115 substituted ‘‘(20) of section 6292(a)’’ for ‘‘(19) of section 6292(a)’’ wherever appearing. 2012—Subsec. (c)(9). Pub. L. 112–210, § 10(a)(12), made technical amendment to directory language of Pub. L. 110–140, § 325(b). See 2007 Amendment note below. 2007—Subsec. (a)(2)(C). Pub. L. 110–140, § 324(d)(2), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (a)(2)(C)(iii). Pub. L. 110–140, § 321(b), added cl. (iii). Subsec. (a)(2)(D) to (H). Pub. L. 110–140, § 324(d)(1), re- designated subpars. (C) to (G) as (D) to (H), respec- tively. Subsec. (a)(2)(I). Pub. L. 110–140, § 325(a)(1), added sub- par. (I). Subsec. (a)(6). Pub. L. 110–140, § 325(a)(2), added par. (6). Subsec. (c)(9). Pub. L. 110–140, § 325(b), as amended by Pub. L. 112–210, § 10(a)(12), added par. (9). 2005—Subsec. (a)(2)(F), (G). Pub. L. 109–58, § 137(a), added subpars. (F) and (G). Subsec. (a)(5). Pub. L. 109–58, § 137(b), added par. (5). 1998—Subsec. (a)(2)(C)(ii). Pub. L. 105–388 substituted ‘‘section 6295(i)’’ for ‘‘section 6295(j)’’. 1992—Subsec. (a)(2)(C) to (E). Pub. L. 102–486, § 123(e)(1), added subpars. (C) to (E). Subsec. (a)(3). Pub. L. 102–486, § 123(e)(2), substituted ‘‘(19)’’ for ‘‘(14)’’. Subsec. (b)(1)(B). Pub. L. 102–486, § 123(e)(3), sub- stituted ‘‘(13), and paragraphs (15) through (19)’’ for ‘‘(14)’’. Subsec. (b)(3), (5). Pub. L. 102–486, § 123(e)(4), sub- stituted ‘‘(19)’’ for ‘‘(14)’’. Subsec. (c)(7). Pub. L. 102–486, § 123(e)(5)(A), sub- stituted ‘‘paragraphs (13), (14), (15), (16), (17), and (18) of section 6292(a)’’ for ‘‘paragraph (13) of section 6292’’. Subsec. (c)(8). Pub. L. 102–486, § 123(e)(5)(B), added par. (8). 1988—Subsec. (a)(2). Pub. L. 100–357, § 2(d)(1), des- ignated existing provision as subpar. (A) and added sub- par. (B). Subsecs. (a)(3), (b)(1)(B), (3), (5). Pub. L. 100–357, § 2(d)(2), substituted ‘‘(14)’’ for ‘‘(13)’’. Subsec. (c)(7). Pub. L. 100–357, § 2(d)(3), added par. (7). 1987—Subsec. (a). Pub. L. 100–12, § 11(b)(2)(A), inserted heading. Subsec. (a)(1). Pub. L. 100–12, § 11(a)(1)(A), substituted ‘‘paragraphs (1), (2), (4), (6), and (8) through (12)’’ for ‘‘paragraphs (1) through (9)’’. Subsec. (a)(2). Pub. L. 100–12, § 11(a)(1)(B), substituted ‘‘paragraphs (3), (5), and (7)’’ for ‘‘paragraphs (10) through (13)’’. Subsec. (a)(3). Pub. L. 100–12, § 11(a)(1)(C)(i), sub- stituted ‘‘paragraph (13)’’ for ‘‘paragraph (14)’’. Subsec. (a)(3)(A). Pub. L. 100–12, § 11(a)(1)(C)(ii), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘the Commission or the Secretary has made a determination with respect to such type (or class thereof) under section 6293(a)(5)(B) of this title,’’. Subsec. (a)(3)(B). Pub. L. 100–12, § 11(a)(1)(C)(iii), sub- stituted ‘‘section 6293(b)(1)(B)’’ for ‘‘section 6293(a)(5)’’. Subsec. (b). Pub. L. 100–12, § 11(a)(1)(D), inserted head- ing. Subsec. (b)(1). Pub. L. 100–12, § 11(a)(1)(D), added par. (1) and struck out former par. (1) which read as follows: ‘‘Not later than 30 days after the date on which a pro- posed test procedure applicable to a covered product of any of the types specified in paragraphs (1) through (14) of section 6292(a) of this title (or class thereof) is pub- lished under section 6293(a) of this title, the Commis- sion shall publish a proposed labeling rule applicable to such type (or class thereof).’’ Subsec. (b)(3). Pub. L. 100–12, § 11(a)(1)(E), substituted ‘‘section 6293(b)’’ for ‘‘section 6293’’ in two places, ‘‘(12)’’ for ‘‘(13)’’, and ‘‘(13)’’ for ‘‘(14)’’. Subsec. (b)(5). Pub. L. 100–12, § 11(a)(1)(F), substituted ‘‘(3), (5), and (7)’’ for ‘‘(10) through (13)’’ and ‘‘(13)’’ for ‘‘(14)’’. Subsec. (c). Pub. L. 100–12, § 11(b)(2)(B), inserted head- ing. Subsec. (d). Pub. L. 100–12, § 11(b)(2)(C), inserted head- ing. Subsec. (e). Pub. L. 100–12, § 11(b)(2)(D), inserted head- ing. Subsec. (f). Pub. L. 100–12, § 11(b)(2)(E), inserted head- ing. Pub. L. 100–12, § 11(a)(1)(G), struck out ‘‘or (2)’’ after ‘‘subsection (a)(1)’’. Subsec. (g). Pub. L. 100–12, § 11(b)(2)(F), inserted head- ing. 1978—Subsec. (a)(1), (2). Pub. L. 95–619, § 425(b), struck out labeling rule exception where Administrator had determined under section 6293(a)(6) of this title that test procedures could not be developed pursuant to sec- tion 6293(b) of this title. Subsec. (a)(3). Pub. L. 95–619, § 691(b)(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Adminis- trator of the Federal Energy Administration, in cls. (A) and (B). Subsec. (c)(1)(A)(i). Pub. L. 95–619, § 691(b)(2), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (c)(5). Pub. L. 95–619, § 425(c), inserted ‘‘includ- ing instructions for the maintenance, use, or repair of the covered product,’’ after ‘‘energy consumption’’. Subsecs. (e), (f). Pub. L. 95–619, § 691(b)(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title. EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. MARKET ASSESSMENTS AND CONSUMER AWARENESS PROGRAM Pub. L. 110–140, title III, § 321(c), Dec. 19, 2007, 121 Stat. 1584, provided that: ‘‘(1) IN GENERAL.—In cooperation with the Adminis- trator of the Environmental Protection Agency, the Secretary of Commerce, the Federal Trade Commis- sion, lighting and retail industry associations, energy efficiency organizations, and any other entities that the Secretary of Energy determines to be appropriate, the Secretary of Energy shall— ‘‘(A) conduct an annual assessment of the market for general service lamps and compact fluorescent lamps— ‘‘(i) to identify trends in the market shares of lamp types, efficiencies, and light output levels purchased by residential and nonresidential con- sumers; and ‘‘(ii) to better understand the degree to which consumer decisionmaking is based on lamp power levels or watts, light output or lumens, lamp life- Page 6715 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6294b time, and other factors, including information re- quired on labels mandated by the Federal Trade Commission; ‘‘(B) provide the results of the market assessment to the Federal Trade Commission for consideration in the rulemaking described in section 324(a)(2)(C)(iii) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)(C)(iii)); and ‘‘(C) in cooperation with industry trade associa- tions, lighting industry members, utilities, and other interested parties, carry out a proactive national pro- gram of consumer awareness, information, and edu- cation that broadly uses the media and other effec- tive communication techniques over an extended pe- riod of time to help consumers understand the lamp labels and make energy-efficient lighting choices that meet the needs of consumers. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2009 through 2012.’’ § 6294a. Energy Star program (a) In general There is established within the Department of Energy and the Environmental Protection Agen- cy a voluntary program to identify and promote energy-efficient products and buildings in order to reduce energy consumption, improve energy security, and reduce pollution through vol- untary labeling of, or other forms of commu- nication about, products and buildings that meet the highest energy conservation standards. (b) Division of responsibilities Responsibilities under the program shall be di- vided between the Department of Energy and the Environmental Protection Agency in ac- cordance with the terms of applicable agree- ments between those agencies. (c) Duties The Administrator and the Secretary shall— (1) promote Energy Star compliant tech- nologies as the preferred technologies in the marketplace for— (A) achieving energy efficiency; and (B) reducing pollution; (2) work to enhance public awareness of the Energy Star label, including by providing spe- cial outreach to small businesses; (3) preserve the integrity of the Energy Star label; (4) regularly update Energy Star product cri- teria for product categories; (5) solicit comments from interested parties prior to establishing or revising an Energy Star product category, specification, or cri- terion (or prior to effective dates for any such product category, specification, or criterion); (6) on adoption of a new or revised product category, specification, or criterion, provide reasonable notice to interested parties of any changes (including effective dates) in product categories, specifications, or criteria, along with— (A) an explanation of the changes; and (B) as appropriate, responses to comments submitted by interested parties; and (7) provide appropriate lead time (which shall be 270 days, unless the Agency or Depart- ment specifies otherwise) prior to the applica- ble effective date for a new or a significant re- vision to a product category, specification, or criterion, taking into account the timing re- quirements of the manufacturing, product marketing, and distribution process for the specific product addressed. (d) Deadlines The Secretary shall establish new qualifying levels— (1) not later than January 1, 2006, for clothes washers and dishwashers, effective beginning January 1, 2007; and (2) not later than January 1, 2008, for clothes washers, effective beginning July 1, 2009. (Pub. L. 94–163, title III, § 324A, as added Pub. L. 109–58, title I, § 131(a), Aug. 8, 2005, 119 Stat. 620; amended Pub. L. 110–140, title III, § 311(b), Dec. 19, 2007, 121 Stat. 1564.) Editorial Notes AMENDMENTS 2007—Subsec. (d)(2). Pub. L. 110–140 substituted ‘‘July 1, 2009’’ for ‘‘January 1, 2010’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 6294b. WaterSense program (a) Establishment of WaterSense program (1) In general There is established within the Environ- mental Protection Agency a voluntary pro- gram, to be known as the WaterSense pro- gram, to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services in order to, through voluntary labeling of, or other forms of com- munications regarding, such products, build- ings, landscapes, facilities, processes, and services while meeting strict performance cri- teria, sensibly— (A) reduce water use; (B) reduce the strain on public water sys- tems, community water systems, and waste- water and stormwater infrastructure; (C) conserve energy used to pump, heat, transport, and treat water; and (D) preserve water resources for future generations. (2) Inclusions Categories of products, buildings, land- scapes, facilities, processes, and services that may be included under the program include— (A) irrigation technologies and services; (B) point-of-use water treatment devices; (C) plumbing products; (D) water reuse and recycling tech- nologies; (E) landscaping and gardening products, including moisture control or water enhanc- ing technologies; (F) xeriscaping and other landscape con- versions that reduce water use; (G) whole house humidifiers; and